Legal to build a hi-cap magazine?

[nobody.special]

Ok... so you can buy commercial hi-cap magazines for all sorts of firearms, but can a person build one for themself?
I'm not interested in producing a bunch for sale, I just want to build a 25-30 round hi-cap for my hi-point 995 but I only want to if it is legal. I've seen several posts where others have worked on building a drum for the 995, and I've been debating about it a while, but am concerned about the legal aspects involved with the ATF. I live in MT where we have very relaxed gun laws so I am not concerned about local laws prohibiting, just federal / ATF laws...
I am interested in peoples opinions and arguements, but if anyone can point to actual references that would be very beneficial...
Thanks...

 

[belercous]

Yes, if your state allows it. I know of no federal law prohibitting it.

 

[GRIZ22]

No "sporting purpose" required if its made in the USA. No license required as it is a part not receiver (not talking about building a gun for your own use). If it works well you might considering making them for resale.

 

[rm23]

Can we stop calling them high capacity? There are two types of magazines: standard capacity and legislatively restricted capacity.

 

[kingpin008]

Can we stop calling them high capacity?

Can we stop being so touchy about it?

If a magazine holds a lot of rounds, calling it high-capacity is perfectly accurate. The term may be used by anti's to describe weapons in a sensational manner, but that doesn't mean that it's not an apt description.

 

[RevolvingCylinder]

If a magazine holds a lot of rounds, calling it high-capacity is perfectly accurate. The term may be used by anti's to describe weapons in a sensational manner, but that doesn't mean that it's not an apt description.

"High capacity" is subjective. I would think it would only be technically correct if the magazine's capacity is beyond what is typical for the firearm in question lest we restrict ourselves to the 4 rounds typical in many hunting rifles and shotguns as "standard".

In the OP's case it would be high capacity(and in reference to his question, perfectly legal) since the capacity is larger than the standard magazine for the rifle.

 

[nalioth]

If a magazine holds a lot of rounds, calling it high-capacity is perfectly accurate. The term may be used by anti's to describe weapons in a sensational manner, but that doesn't mean that it's not an apt description.

"High capacity" is subjective. I would think it would only be technically correct if the magazine's capacity is beyond what is typical for the firearm in question lest we restrict ourselves to the 4 rounds typical in many hunting rifles and shotguns as "standard".

Bingo.

It's only a "hi cap" if it exceeds the designed capacity.

Ergo, the Kel-Tec PMR-30 does not have a "hi cap" magazine at 30 rounds, as that is the capacity it was designed with.

 

[Sam1911]

And the question was IS THIS LEGAL.

Absolutely yes it is legal. (Assuming that you do not live in a state that prohibits them. MT should be perfectly o.k.)

A magazine is just a mechanical part, not a regulated item in any way (federally). Kind of like asking if it is o.k. to build your own hubcaps.

In fact, you are also perfectly within your rights to build from scratch any "Title I" rifle, pistol, or shotgun (for your own use - not with the intent to sell) should you so wish.

 

[Zombie_Flesh]

Order

If you do make one - and it works well I would like to place an order for a few. (assuming the price is reasonable)

 

[NavyLCDR]

Thank gawd he didn't want to make "hi capacity clips" I hate to think of the discussions that would have caused!

 

[tehweej]

I am not sure about how it would go down selling them, but Montana passed the wonderful "If it is made in MT, and stays in MT, then leave us alone" law

 

[nalioth]

I am not sure about how it would go down selling them, but Montana passed the wonderful "If it is made in MT, and stays in MT, then leave us alone" law

As Sam1911 pointed out, magazines are not federally regulated. The Montana law you point out is designed for use with NFA items.

 

[NavyLCDR]

I am not sure about how it would go down selling them, but Montana passed the wonderful "If it is made in MT, and stays in MT, then leave us alone" law

There wouldn't be any problem at all selling them.

For example:
http://www.midwayusa.com/viewproduct/?productnumber=148497

ATI Magazine AK-47 7.62x39mm Russian 75-Round Drum Steel Gray

http://www.midwayusa.com/viewproduct/?productnumber=231300

Beta Magazine System HK MP5 9mm Luger 100-Round Polymer Black with Clear Lid

 

[Carl N. Brown]

During the late (unlamentedly now defunct) AWB, I saw a letter from the ATF that you could adapt grandfathered magazines to use in another gun if they still would fit the orginal gun. ATF even approved using H&K USP .40 S&W magazines loaded with 9mm (twelve rounds) in a H&K USP 9mm pistol. The Brady Bunch or Dianne Feistein would not have approved, but reading between the lines some at ATF thought the AWB was a waste of time and energy.

With the federal Large Capacity Feeding Device limit of the AWB a dead letter, the only hangup would be a handful of local state (CA, MA, NJ, etc) or city (DC) laws. I would suspect that if local law bans large capacity feeding devices, making one would be a violation.

Add the usual caveat about internet legal advice.